The Code on Wages, 2019 — Chapter IX: Miscellaneous
Sections 61 and 62 of the Code on Wages, 2019: Effect of Inconsistent Laws and Delegation of Powers
Sections 61 and 62 deal with two important administrative and interpretative aspects of the Code on Wages, 2019. Section 61 gives the Code overriding effect where another law, award, agreement, settlement or contract of service contains an inconsistent term. Section 62 permits the appropriate Government, through a notification, to delegate powers exercisable under the Code to specified subordinate authorities or, in the case of the Central Government, also to a State Government or specified State authority.
Section 61: Effect of laws, agreements, etc., inconsistent with this Code
61. The provisions of this Code shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the terms of any award, agreement, settlement or contract of service.
What Section 61 means
Section 61 is an overriding provision. The expression "notwithstanding anything inconsistent therewith" means that, where there is an actual inconsistency between the Code on Wages and another law or a term contained in an award, agreement, settlement or contract of service, the provisions of the Code prevail to the extent of that inconsistency.
The provision is relevant to employment arrangements because wage-related rights and obligations may also appear in contracts, settlements or awards. Such instruments cannot operate in a manner that defeats a mandatory provision of the Code where the two are inconsistent.
Section 62: Delegation of powers
62. The appropriate Government may, by notification, direct that any power exercisable by it under this Code shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be also exercisable—
(a) where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government, as may be specified in the notification;
(b) where the appropriate Government is a State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.
What Section 62 means
Section 62 enables administrative delegation. A delegation under this provision is made by notification and may be limited to particular matters or made subject to conditions specified in that notification.
Where the Central Government is the appropriate Government
The Central Government may authorize a subordinate Central officer or authority, a State Government, or a subordinate State officer or authority to exercise the specified power.
Where a State Government is the appropriate Government
The State Government may authorize an officer or authority subordinate to that State Government to exercise the specified power.
The expression "appropriate Government" is defined in Section 2 of the Code and determines whether the Central Government or the relevant State Government is responsible in relation to a particular establishment or employment. The applicable definition should therefore be checked before identifying the authority competent to exercise or delegate a power under Section 62.
Practical relationship between Sections 61 and 62
The two provisions perform different functions. Section 61 addresses legal inconsistency and gives the Code priority where an inconsistent provision or term exists. Section 62 concerns administration of the Code by allowing specified governmental powers to be exercised by notified delegate authorities. A delegation should therefore be verified from the relevant government notification when the identity or jurisdiction of the exercising authority is material.
Code on Wages implementation update
The Central Government notified 21 November 2025 as the commencement date for Sections 43 to 66, which includes Sections 61 and 62. The Code on Wages (Central) Rules, 2026 were notified on 8 May 2026. These developments are relevant when reading older material that described most provisions of the Code as not yet in force.
Last updated: 16 September 2026. This page is intended as a statutory information resource. For a specific employment dispute, the applicable Central or State notifications, rules, awards, settlements and contractual terms should also be examined.